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1957 Supreme(Bom) 104

S.R.TANDOLKAR, J.M.SHELAT
N. J. Chavan and Ors – Appellant
Versus
P. D. Sawarkar – Respondent


Judgment -

1. This petition raises an important question of law relating to industrial relations. The petitioners before us were employed in the Nishat Talkies, Poona. These Talkies were started about 15 years ago and were originally owned by one Mr. Kakde. Kakde sold it to one Mr. Bhole. Mr. Bhole could not pay the whole of the purchase price and he therefore mortgaged it to Kakde. Upon this mortgage Kakde obtained a decree for the sale of the mortgaged property. There was also a mortgage held by the Bank of Maharashtra on the same property and the Bank obtained a decree against both Kakde and Bhole. The property was sold in execution of the decree and Kakde purchased the property at the auction. The Bank filed an execution application against the judgment-debtors and got one Shri Gowaikar appointed a Receiver. The Receiver took possession on the 22nd of February, 1954. On the 11th of October, 1954 one Sapal M. Tata entered into an agreement with the Receiver for the supply of films for exhibition in this theatre. On the 27th January, 1956 the Receiver was discharged and on that very day he served notices of discharge on the employees of Nishat Talkies. On the 28th January, 1956 Ka




























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